Who Can Adopt?

  1. Why Adopt?
  2. Who Can Adopt?

You must meet certain requirements to bring a foreign-born child whom you’ve adopted to the United States.  The Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) makes this determination. You may not bring an adopted child (or a child for which you have gained legal custody for the purpose of immigration and adoption) into the United States until USCIS determines that you are eligible to adopt from another country.

Some of the basic requirements include the following:

National Requirements

You must meet certain requirements to bring a foreign-born child whom you’ve adopted to the United States.  Some of the basic requirements include the following:

  • You must be a U.S. Citizen.
  • If you are unmarried, you must be at least 25 years old.
  • If you are married, you must jointly adopt the child (even if you are separated but not divorced), and your spouse must also be either a U.S. citizen or in legal status in the United States.
  • You must meet certain requirements that will determine your suitability as a prospective adoptive parent, including criminal background checks, fingerprinting, and a home study.

State Requirements

In addition to qualifying to adopt under U.S. law, you must also meet your home state’s requirements for prospective adoptive parents.  Learn more about individual state requirements on the Child Welfare Information Gateway website.

Foreign Country Requirements

Each country has its own requirements for parents seeking to adopt.  These are explained in the Country Information section of this website.